This matter was in respect of an application before pleadings were ordered for leave by some rep¬resentative defendants to facilitate the removal of other representative defendants and the addition of others.

It arose out of a claim for a declaration that a re¬lationship orally created between the parties in respect of certain land was a part¬nership which had been dissolved by a notice of dissolution.

The High Court without calling oral evidence to resolve conflicts contained in affidavits refused the application and suo motu made diverse representation orders not sought in the application.

The defendants appealed.